Administrative law

How do I appeal an administrative hearing ruling in the state of California?

A ruling was handed down by an Administrative Law Judge from the Office of Administrative Hearings that I want to appeal based on disability retirement. Which court do I file this appeal and what time frame should the appeal be filed?

Nathan’s Answer

Administrative law is considered a patchwork of different protocols and rules throughout the state depending on what specifically you are trying to do and what entity is adjudicating your issue. If you are under the OAH, rules are more consistent. There are various types of writs that have been discussed (1085 writ might also apply) and as mentioned, a decision may not be final, in that you possibly have the chance to submit a petition for reconsideration. Deadlines can run tight so you'll need to find counsel that practices under the OAH to find out the particulars about your case. Move fast so you don't jeopardize any opportunities for relief at the administrative, or Superior Court level.

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